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HomeMy WebLinkAbout1978 06-20 CC MIN176 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JUNE 20, 1978 The regular meeting of the City Council of the City of National City was called to order at 7:30 p.m. by Mayor Morgan. ROLL CALL Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Campbell, Gerschler, Gill, Hoffland, McCabe, McLean. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Gill followed with invocation by the Rev. Bill Barron, Paradise Valley Hospital. APPROVAL OF MINUTES Moved by Camacho, seconded by Van Deventer, the minutes of the regular meeting of the regular meetings of April 18� May 16, June 13 and the adjourned meeting of June 13, 1978 be approved. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS - None. Mayor Morgan requested Item 20 on the Agenda be brought to the floor: Item 20, letter from TURGOCAL stating National City will be honored August 13 at the First International Touristic Expositiwn and Fair in Ensenada, B.C. ALVERO LEGASPY FLORES, representing Ensenada, B.C. was present and handed Council a letter inviting them tothe Fair. Mayor Morgan asked Vice Mayor Camacho to be the City's representative at the Fair. Sr. Flores requested a group such as a marching band from the City, Mayor Morgan authorized the City Manager and staff to look into this possibility. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, these Resolutions be presented to Council by title only. Carried by unanimous vote. (City Attorney McLean left Council Chambers at 7:37 p.m.) Resolution No. 12,762, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Grant Deed for street purposes, portion of 19th Street between Granger Avenue to Rachael Avenue - Emily G. & John V. Myres)." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,762 be adopted. Carried by unanimous vote. (The City Attorney returned at 7:39 p.m.) Resolution No. 12,763, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (19th Street)," Moved by Camacho, seconded by Van Deventer, Resolution No. 12,763 be adopted. Carried by unanimous vote. Resolution No. 12,764, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Grant Deed for street purposes, "M" Avenue at 9th Street - Valentin & Centa Stenger)." Moved by Waters, seconded by Camacho, Resolution No. 12,764 be adopted. Carried by unanimous vote. Resolution No. 12,765, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (Portion of "M" Avenue)." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,765 be adopted. Carried by unanimous vote. 6/20/78 177 Resolution No. 12,766, "RESOLUTION CHANGING NAME OF WEST 13TH STRLis`T BETWEEN TIDELANDS AVENUE AND NATIONAL AVENUE TO CIVIC CENTER DRIVE." Moved by Waters, seconded by Camacho, this Resolution be brought to the floor for discussion. Carried by unanimous vote. ROBERT FRANCIS BONAMO, 333 W. 13th Street, was present and stated for the record he was threatened because of his opposition to changing the name of 13th Street. Mayor Morgan directed Chief of Police Kanagy, who was in the audience, to contact Mr. Bonamo regarding this and to increase the patrol around his home this evening. Mr. Bonamo stated the Purchasing Agent for the City received a rush order on May 20th to make new (street) signs for the City; he contacted him on the 15th of June and this was told personally to him; the signs were ordered on the 20th of May, which was 24 days before Council decided they would have a final vote on this issue; it's pretty funny that these signs would be ordered; he would like to know who knew that those signs were ordered on the 20th of May. City Attorney McLean told Mayor Morgan there is no provision for interrogation of Council and suggested the Council not answer. Mr. Bonamo was told he was out of order. Mr. Bonamo stated on May 25th in the Star -News, Column 1, it had that the Council would change the name of National Avenue to National City Blvd. if property owners did not object to the name change; on June 13th he delivered to Council a petition containing 52 signa- tures with dates, addresses, phone numbers, property owners and tenants and businessmen who did object to 13th Street being changed; he did not find one of the 52 that wanted the street's name changed; and asked, if property owners on 13th Street didn't rate the same consideration as property owners on National Avenue do? Mr. Bonamo stated that a rush order for street signs 24 days before the final approval of the property owners or anyone protesting a name change is a misappropriation of public funds. Councilman Waters asked City Clerk Campbell what she had done to substantiate the names of the people whose names appeared on the petition. City Clerk Campbell stated she would not know what to check the names against; this is not an election petition to be checked against a list of registered voters. City Manager Gill stated at last Council the petition was presented, the City has no way to check them, they can be assumed to be valid... There was further discussion. Moved by Dalla, seconded by Camacho, Resolution No. 12,766 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. (City Attorney McLean left Council Chambers at 7:43 p.m.) Resolution No. 12,767, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING AND PROVIDING FOR THE EXECUTION OF A PROJECT AGREEMENT FOR LAND AND WATER CONSERVATION FUND PROJECT NO. 06-00639, KIMBALL PARK RENOVATION, BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE STATE OF CALIFORNIA, RESOURCES AGENCY, DEPARTMENT OF PARKS AND RECREATION." Moved by Waters, seconded by Camacho, Resolution No. 12,767 be adopted. Carried by unanimous vote. (The City Attorney returned at 7:44 p.m.) Resolution No. 12,768, "A RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR PROFESSIONAL AND TECHNICAL SERVICES WITH THE FIRM OF MITCHELL/WEBB AND ASSOCIATES OF SAN DIEGO (Municipal Swimming Pool - Solar Heating and Renovation.)" Moved by Camacho, seconded by Van Deventer, Resolution No. 12,768 be adopted. Carried by unanimous vote. Resolution No. 12,769, "A RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING EXECUTION OF AN AGREEMENT FOR PROFESSIONAL AND TECHNICAL SERVICES WITH THE FIRM OF VAN DYKE/HALSEY DESIGN GROUP (Kimball Park Redevelopment)." Moved by Van Deventer, seconded by Camacho, Resolution No, 12,769 be adopted„ There was discussion. Motion carried by unanimous vote. Resolution No. 12,770, "RESOLUTION APPROVING TENTATIVE SUBDIVISION MAP ON PROPERTY AT 940 PALM AVENUE (Hardesty Homes, Inc.)." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,770 be adopted. Carried by unanimous vote. 6/20/78 178 Resolution No. 12,771, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Grant Deeds [3] from H. Lary Magee and Lawrence J. Crow for temporary construction easement, drainage easement and sewer easement for existinc sewer)." Moved by Waters, seconded by Camacho, Resolution No. 12,771 be adopted. Carried by unanimous vote. PUBLIC HEARINGS The continued HEARING on appeal of Planning Commission DENIAL OF APPLICATION FOR PLANNED DEVELOPMENT PERMIT to construct additional detached single family dwelling at 1019 E. 18th Street, Cornelio Evangelista, PD-105 (the Planning Commission, on April 24, 1973, voted to deny the planned development permit for the reason that the proposed use will have an adverse effect on adjacent properties; the proponent appealed the decision) was held at this time. Planning Director Gerschler stated the Council heard this case at their last meeting and continued it to have an opportunity to look at the property involved; staff has nothing more to add. MRS. EVANGELISTA, owner of the property, was present and stated she understood the Planning Commission denied her petition due to the design of the building; the report stated it was denied (1) the structure presented a box -like appearance; (2) exterior elevations of the building should incorporate decorative architectural materials such as brick, stone, etc. Roof materials, roof lines, etc. should be imaginative and of non -institutional appear- ance; (3) economy class appearance should be avoided. There was discussion. City Attorney McLean suggested referring this back to the Planning Commission for further design evaluation, which might be more easily accommodated at their environment than before the City Council. Mrs. Evangelista stated this would be fine, it would give her builder a chance to meet the necessary requirements. Moved by Camacho, secondec by Van Deventer, so moved. It was stated there has to be more side room on this particular building; another foot would not be enough; there is need for major changes on the building. Motion carried by unanimous vote. The HEARING on proposed ZONE CHANGE from RM-1-D-20 (Residential Multipl, - Density 20) to RM-1-D-10 (Residential Multiple -Density 10), the area between 4th and 7th Streets, and "A" and "G" Avenues, ZC-4-78, (this is a follow-up to GP-1-78 which changed the land use designation on this property from "Residential 16-20 Dwelling Units Per Acre" to "Residential 6-10 Dwelling Units Per Acre"; the effect of this zone change will be to limit all new construction to no more than one house on each lot within the neighborhood mentioned; the city blocks bounded by 4th Street, "D" Avenue, 6th Street, and the northerly prolongation of the centerline of "A" Avenue; and, the city blocks bounded by 4th Street, "G" Avenue, 7th Street, and "D" Avenue; the area now includes 173 parcels containing a mixture of multiple, two-family, and single family residential uses; current zoning could allow a maximum of 157 additional multiple dwelling units to be developed within the area; the Planning Commission recommends approval of the proposed zone change and Staff concurs) was held at this time. City Clerk Campbell stated the Affidavit of Mailing and Certificate of Publication were on file. ASST. PLANNING DIRECTOR GUNNARSON, was present and stated this is one of the zone changes and part of the apartment area rezoning cases initiated by the Planning Commission several months ago; this case is a follow-up to an amendment to the General Plan approved by the Commission and Council earlier this year. C.R. LEEMAN, 205 E. 6th Street, was present and stated since 1949 it was an R-4 lot and he has paid taxes on it for 28 years, maintaining it as a one resident home, this rezoning is going to lower the potential value of this parcel and many others around there; he is surrounded by five apartment build- ings; he has a corner lot and many times can't find a place to park in front of his own house. No one else was present in this regard. Moved by Morgan, seconded by Van Deventer, the public hearing be closed and the zone change approved.. Carried by unanimous vote. 6/20/78 • .- 179 The HEARING on proposed ZONE CHANGE from RM-1-D-20 (Residential Multiple Density 20) to RM-1-D-10 (Residential Multiple - Density 10), area within the 900-1000 blocks of Melrose, 1st and 2nd Streets, ZC-5A-78 (the effect of the city zone change will be to limit all new construction to no more than one house on each lot except for the following lots which are large enough to have the number of residential dwelling units as follows: 940 1st Street, 4 units; 499 2nd Street, 2 units; 945 2nd Street, 4 units; 100 2nd Street, 2 units; this area includes 15 parcels containing 11 single family dwellings and four duplexes; the current zoning could allow a maximum of 39 additional multiple dwelling units; the Planning Commission recommends exclusion of the five lots fronting on Melrose which now contain three duplexes, with a future rezoning to RT [Residential Two Family] proposed instead; staff concurs with this recommendation) was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavit of Mailing were on file, and that she has circulated to Council a letter from John L. Haynes, 572 Laguna Street, Chula Vista, owner of property on Melrose Street. ASST. PLANNING DIRECTOR GUNNARSON stated this too was a follow-up to a General Plan amendment previously approved by the Planning Commission and Council. MR. JOHN L. HAYNES, 572 Laguna Street, was present and was told that his property would not be affected by this zone change. No one else was present in this regard. Moved by Camacho, seconded by Van Deventer, this hearing be closed and the proposed rezoning from RM-1-D-20 to RM-1-D-10 be approved with all the Planning Commission's recommendations. Carried by unanimous vote. The HEARING on proposed ZONE CHANGE to rezone from RM-1-D-20 (Residentia_' Multiple - Density 20) to RT-D-15 (Residential Two -Family - Density 15), area located on the east and west sides of "M" Avenue between 6th and 8th Streets, ZC-5-78 (the effect of this zone change will be to limit all new construction to no more than two residential dwelling units on each lot within the neighborhood; this area includes 19 parcels containing 14 duplexes, 4 single family dwellings, and one vacant; current zoning could allow a maximum of 38 additional multiple dwelling units within the area; this zone change will limit development to a maximum of six additional units; the Planning Commission recommends in favor of this zone change and staff concurs) was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavit of Mailing were on file. ASST. PLANNING DIRECTOR GUNNARSON stated this also is an apartment area rezoning; it also is a follow-up to a General Plan Change which was approved by the Planning Commission and Council. No one was present in this regard. Moved by Waters, seconded by Van Deventer, the public hearing be closed and the zone change from RM-1-D- 20 to RT-D-15 be approved. Carried by unanimous vote. The HEARING on proposed ZONE CHANGE from CG (Commercial General) to CBD-PD (Commercial Central Business District - Planned Development, property at 740 E. 30th Street, ZC-21-78 (this rezoning concerns the property at the SW corner of 30th Street and Highland Avenue; the change is requested to allow the development of a "fast food" rest- aurant on this site; the proposed rezoning is consistent with the General Plan; the property is the only CG zoned property on Highland Avenue; all other commercial properties on Highland Avenue are in the CBD zone; land use to the south and west is a San Diego Gas & Electric substation, north across 30th Street is Sweetwater High School and to the east is an automobile service station and Gemco Department Store; the Planning Commission requested the applicant to provide a traffic study before they recommended approval; a study was made by Nasiand Engineering Company; at their meeting of March 31, the Environenta1 Impact Committee issued a Negative Declaration for this zone h ge with the stipulation that applicants submit any plans fo ',.f st food restaurant to the E.I.C. for review, especially concerni raffic, noise, impact on adjoining properties, etc.; the Plannin Commission recommends approval and staff concurs) was held at this time, City Clerk Campbell stated the Certificate of Publication and Affidavit of Mailing were on file. No one was present in this regard. Moved by Camacho, seconded by Van Deventer, this hearing be closed and the proposed rezoning of this property and Planning Commission's recommend- ations be approved. There was discussion. Opposition to a drive-thru 6/20/78 180 restaurant was expressed. Asst. Planning Director Gunnarson stated an application has been submitted for a drive-thru restaurant; the question of a permit is a separate action which will require Planning Commission and City Council approval; what they are requesting is to simply change the zoning on this lot, which is the only lot of CG on Highland; this lot would, with this change, be consistent with the commercial properties on Highland Avenue. Motion carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: Dalla. OLD BUSINESS U.S. Naval Ocean Systems Center's request to hold an EMPLOYEES PICNIC in Kimball Park (the NOSC picnic proposes to occupy the turfed picnic area adjacent to "D" Avenue and the Bowl area; no playground areas will be involved; the Navy has assured staff, in writing, that clean- up duties have been assigned to their personnel; the Montgomery Ward parking lot by agreement will be used for navy parking) was presented. Moved by Camacho, seconded by Van Deventer, this be approved. DONNA WALLACE, 3781 Arizona Street, representing NOSC was present and urged Council approval; they are expecting approximately 2000 people. Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION OF WARRANT REGISTER NO. 48 dated June 20, 1978 in the amount of $96,346.99 (Warrants Nos. 62162 through 62224) was presented. Moved by Waters, seconded by Van Deventer, the ratification of demands be.met. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. A CLAIM FOR DAMAGES from ISIAH JOE MITCHELL alleging an accident on June 7, 1978 was presented. Moved by Camacho, seconded by Van Deventer, this be denied and referred to the City Attorney. Carried by unanimous vote. The transfer of an ON -SALE BEER TYPE 40 LICENSE application from Anne Li and David Woo, dba GOLDEN PHEASANT, 215 Highland Avenue; this would also permit sale of beer for consumption off premises where beer is sold was presented. Moved by Camacho, seconded by Van Deventer, this be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstain: Morgan. WRITTEN COMMUNICATIONS Item 20, letter from TURGOCAL (acted on earlier in the meeting.) A letter from the NATIONAL CITY FAMILY regarding a COMMUNITY ALERT PROGRAM was presented. RON MAZE, was present on behalf of the Executive Committee of National City Family and requested that the Community Alert Program which his organization proposes be on Council agenda next week. Ordered filed by unanimous vote. CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. PLANNING The application for STREET VACATION, portions of TWENTY-FOURTH STREET between Newell Avenue and Las Palmas Park, by Gerald Handler, SC-6-78 (This is in conjunction with the development of Las Palmas Park Villa, 140-unit planned unit development project; the future alignment and 6/20/78 181 dedication of Twenty -Fourth St. including a proposed cul-de-sac will be rededicated on the final subdivision map; street closing received full benefit of environmental review by the Environmental Impact Committee in processing of the tentative subdivision map) was presented. Planning Director Gerschler recommended the Council instruct the City Attorney to prepare a Resolution of Intention to vacate and close portions of Twenty -Fourth Street as shown on drawing no. 1209-W-2 and set for public hearing. Moved by Van Deventer, seconded by Camacho, the Planning Director's recommendation be approved. Carried by unanimous vote. The application for STREET VACATION, westerly one-half of "M" AVENUE between 8th and 9th Sts., by First Assembly of God Church, SC-7-78 (The existing portion of public right-of-way was deeded to the City for street purposes by the previous property owners; the property has not been improved or used for street purposes; the area is presently vacant and unimproved; the Environmental Impact Committee issued a Negative Declaration for the vacation with the stipulation that the church be advised the City will retain title in fee to the property.) was presented. Planning Director Gerschler recommended the Council instruct the City Attorney to prepare a Resolution of Intention to Vacate and Close subject vacation and set for public hearing. Moved by Camacho, seconded by Van Deventer, the Planning Director's recommend- ation be approved. Carried by unanimous vote. The proposed REZONING to add H-15 (Height Limit Combining Zone, 15' maximum) to the residential zoned area bounded by 4th St., "R" Ave., 8th St. and Palm Ave., ZC-3-78 (Planning Commission recommended denial of this zone change; City Council reversed that action and approved the change excluding the half block fronting on 4th St. between "Q" and "R" Ayes.; it was referred to the Planning Commission for report and recommendation pursuant to Gov. Code Sec. 65857; Planning Commission reaffirmed their previous denial; the Environmental Impact Committee issued a Negative Declaration.) was presented. Planning Director Gerschler recommended the approval of the rezoning excluding the half block on 4th St. between "Q" and "R". Moved by Morgan, seconded by Van Deventer, the Planning Director's recommendation be approved. Carried by unanimous vote. The TENTATIVE SUBDIVISION MAP, THE BONITA AFFAIR, between 3110-3140 Sweetwater Road, and the Planning Commission approval of same were presented. Planning Director Gerschler recommended the item be scheduled for the meeting of July 11, 1978. Moved by Dalla, seconded by Camacho, it be scheduled for July 11. Carried by unanimous vote. Item 26: AMENDMENTS TO APPENDIX "D" of the LAND USE CODE (A-1-78); Item 27: PROPOSED AMENDMENT to USE GROUP 8 (COMMUNITY, CULTURAL AND PUBLIC RECREATIONAL) of APPENDIX "D" of the LAND USE CODE (A-2-78); and Item 28: PROPOSED AMENDMENT to USE GROUP 4 (AUTOMOTIVE AND ALLIED SERVICES) of APPENDIX "S" of the LAND USE CODE (A-3-73) were presented. Planning Director Gerschler recommended approval stating the amend- ments are routine and do not represent any substantial changes in code regulations. Moved by Van Deventer, seconded by Camacho, the amend- ments be approved. Carried by unanimous vote. The recommendations of the TRAFFIC SAFETY COMMITTEE from their June meeting (1. that parking be prohibited on "B" Ave. from 31st St. north to the first driveway adjacent to 149 E. 31st St.; 2. that a 30-min. limited parking zone be authorized in the 100 block of National Ave., east side only; 3. that a parking prohibition be authorized on the south side of Plaza Blvd. between Harbison and Manchester Avenues; 4. that the two-way left turn lane between National Avenue and "A" Avenue on Plaza Blvd. be converted to a left turn lane westbound only; 5. that new bus stops be ratified for Route 12 on 13th, Cleveland and 18th Street) was presented. Moved by Van Deventer, seconded by Camacho, in favor of the Traffic Safety Committee's recommendations, Carried by unanimous vote. 6/20/78 182 MAYOR - No report. CITY COUNCIL COUNCILMAN VAN DEVENTER stated he would distribute to Council items from the CPO meeting of this week for their information and study; at next Council meeting he would like to discuss Transportation System Management Element 1978 relating to Highway 54; he feels there will be a push to bring in Highway 52 in the north county and put Highway 54 back farther yet. Also, Mr. Peterson from the Housing Administra- tion is working on the Regional Housing Plan Amendment. COUNCILMAN WATERS suggested "no parking" signs, etc. requested by individuals or businesses approved by the Traffic Safety Committee be paid for by the applicant. Moved by Waters, seconded by Camacho, we refer this for study to the Finance Committee. Carried by unanimous vote. MAYOR MORGAN called an executive session on personnel matters at 8:42 p.m. Council reconvened at 8:47 p.m. ROLL CALL Council membes present: Camacho, Dalia, Van Deventer, Waters, Morgan, Absent: None. PLANNING COMMISSION - NOTICES OF DECISION Item 30, Planning Commission Resolution No. 44-78, Approving applica- tion for planned development permit to allow development of a 29,425 sq. ft. commercial shopping center at the northwest corner, Euclid Avenue and Plaza Blvd. (PD-104); Item 31, Planning Commission Resolution No. 45-78, Approving applica- tion for conditional use permit to allow a room addition that will encroach 7' into the required 25' rear yard setback at 3601 Stockman Street (CUP 1978-11); Item 32, Planning Commission Resolution No. 46-78, Denying application for conditional use permit to allow general automotive repair and related services at 1604 E. 18th St. (CUP 1978-12); Item 33, Planning Commission Resolution No. 48-78, Approving applica- tion for planned development permit to allow development of a two- story office building at 1615 Sweetwater Rd. (PD-113); Item 34, Planning Commission Resolution No. 49-78, Approving applica- tion for conditional use permit to allow construction of a two-story office building in the Flood Plain Restrictive Zone at the northeast corner of Grove St. and Sweetwater Rd. (CUP 1978-13). Moved by Camacho, seconded by Van Deventer, these be filed. Carried by unanimous vote. Moved by Camacho, seconded by Waters, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:50 p.m. (7-2! CITY CLERK CITY OF ATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council of the City of National City, California, at the regular meeting of July 11, 1973. Corrections No corrections 0 CITY OF NATIONAL CITY, CALIFORNIA 6/20/78